Laserfiche WebLink
Our obligations will not apply to the extent that the claim or adverse final judgment is based on (i) <br /> your running of the software or fix after we notify you to discontinue running due to such a claim ; (ii) <br /> your combining the software or fix with a non-Microsoft product, data or business process; (iii) <br /> damages attributable to the value of the use of a non-Microsoft product, data or business process; (iv) <br /> your altering the software or fix; (v) your distribution of the software or fix to, or its use for the benefit <br /> of, any third party; (vi) your use of our trademark(s) without express written consent to do so; or (vii) <br /> for any trade secret claim, your acquiring a trade secret (a) through improper means; (b) under <br /> circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a person (other <br /> than us or our affiliates) who owed to the party asserting the claim a duty to maintain the secrecy or <br /> limit the use of the trade secret. You will reimburse us for any costs or damages that result from these <br /> actions . <br /> If we receive information concerning an infringement claim related to the software or a fix, we may, at <br /> our expense and without obligation to do so, either (i) procure for you the right to continue to run the <br /> allegedly infringing software or fix, or (ii) modify the software or fix or replace it with a functional <br /> equivalent, to make it non-infringing , in which case you will stop running the allegedly infringing <br /> software or fix immediately. If, as a result of an infringement claim , your use of the software or a fix is <br /> enjoined by a court of competent jurisdiction, we will , at our option, either procure the right to continue <br /> its use, replace it with a functional equivalent, modify it to make it non-infringing , or refund the amount <br /> paid and terminate the license forthe infringing software orfix. <br /> If any other type of third party claim is brought against you regarding our intellectual property, you <br /> must notify us promptly in writing. We may, at our option , choose to treat these claims as being <br /> covered by this section . This Section 14 provides your exclusive remedy for third party infringement <br /> and trade secret misappropriation claims. <br /> 95. Limitation ofiiabiiity. <br /> a. Limitation on direct damages. There may be situations in which you have a right to claim <br /> damages or payment from us. Except as otherwise specifically provided in this paragraph, <br /> whatever the legal basis for your claim, our liability will be limited to the maximum extent <br /> permitted by applicable law, to direct damages up to the amount you have paid for the <br /> software or services giving rise to the claims. In the case of free software, services provided <br /> to you free of charge, or code you are authorized to redistribute to third parties without <br /> separate payment to Microsoft, our total liability to you will not exceed U . S. $5000 or its <br /> equivalent in local currency. The limitations contained in this paragraph will not apply with <br /> respect to the following in connection with the performance of your agreement: <br /> (i) Our obligations under Section 14 to defend third party claims of patent, copyright or <br /> trademark infringement or trade secret misappropriation , and to pay damages <br /> resulting from any final adjudication (or settlement to which we consent) of such <br /> claims; <br /> (ii) Our liability for damages for gross negligence or willful misconduct, to the extent <br /> caused by us or our agent and awarded by a court of final adjudication ; and <br /> (iii) Our obligations under Section 12 (confidentiality). <br /> b. No liability for certain damages. To the maximum extent permitted by applicable law, <br /> neither party nor any of its affiliates or suppliers will be liable for any indirect damages <br /> (including , without limitation , consequential , special or incidental damages, damages for loss <br /> of profits or revenues , business interruption or loss of business information) arising in <br /> connection with your agreement, software , fix or service, even if advised of the possibility of <br /> such damages or if such possibility was reasonably foreseeable. This exclusion of liability <br /> does not apply to either party's liability to the other for violation of its confidentiality obligation <br /> or of the other party's intellectual property rights. <br /> Microsoft Campus and School 0.4 Agreement General Terms and Conditions 10 of 13 <br /> (U.S.) (English) August 15, 2005 <br />